probate dated 04.06.1982. The
pleadings in the above proceedings clearly indicate
that neither there was knowledge of any probate
proceedings nor even claim of probate ... alteration and
revocation of grants. Section 263 provides for
revocation or annulment for just cause which is to the
following effect:
“263. Revocation or annulment
aforesaid PLA No. 88 of 1993 for seeking
revocation of the probate granted to the will of Kamal
Kumar Mitra on the ground that ... having not been made, is entitled to file application for
revocation of the probate on the available grounds. The decision is
firstly distinguishable on fact
Indian Succession Act, he can file an application for
revocation of probate.
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......As rightly concluded by the learned Judge ... file an application
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for revocation of probate on such grounds as may be available to him.
A Judgment passed
respect of
grant of probate, of letters of administration in respect of the
probate granted, and cancellation of probate (or letters of
administration ... probate by
a Competent Court operates as a judgment in rem
and once the probate to the Will is granted, then
such probate is good
probate by a competent
court operates as a judgment in rem and once the probate to the will is
granted, then such probate is good ... limitation under Article 137 of the Limitation Act in
proceedings for revocation of probate.' Similarly in Kunvarjeet Singh
Khandpur vs. Kirandeep Kaur
Indian Succession
Act, 1925 inter alia praying for revocation of probate granted by this Court
in favour of Joseph D'Cunha ... filed by the plaintiffs herein inter-alia praying for
revocation of probate granted by this Court o 3rd July, 1980 in favour of the
said
petitioner produced by the petitioner, no just cause for revocation of
the grant of probate under section 263 of the Succession Act was made ... considered the issue of
limitation in filing application for revocation of grant of probate. There
was no issue of service of citation personally under Rule
defective in substance. Therefore, when these
circumstances give rise for revocation of the probate
or the letters of administration, then in normal
course, the same ... then definitely case
was made out by the applicant for revocation of the
probate. In fact, there is no suppression of fact by
applicant
husband of the Testatrix had come
forward with this application seeking revocation of Probate.
4. According to the applicants, the Testatrix Parvathi had married ... made a party to the
Original Petition, the applicants seek for revocation of Probate under Section
263 of the Indian Succession Act.
6. The application
Apex Court as referred above and has found
that a revocation of probate was sought for by filing C.S. No.2/34 of
2008 ... aforesaid cases of
Hon'ble Apex Court that revocation probate was sought for by filling
C.S. No.2/34 of 2008/2003, whereby
